IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Criminal Bail Application No.S-597 of 2018

 

 

Applicant               :                Mansoor Ali s/o Muhammad Usman Tunio Through Mr. Sarfraz Ali Abbasi, Advocate

 

Complainant       :                  Mst.Shabnam-Ara Tunio through

Mr.Sandeep Kumar, Advocate

 

State                    :                  Through Mr.Sharafuddin Kanhar, A.P.G.

         

Date of hearing   :                  10.12.2018          

Date of order      :                  10.12.2018                   

 

O R D E R

 

IRSHAD ALI SHAH, J.- It is alleged that the applicant by way of causing kicks, fists and iron rod blows to complainant Mst.Shabnam Ara, who happened to be wife of applicant, caused “Italf” of her tooth, for that the present case was registered.

2.                On having been refused pre-arrest bail by learned 3rd Additional Sessions Judge, Larkana, the applicant has sought for the same from this Court by way of instant application u/s.498 Cr.PC.

3.                It is contended by learned counsel for the applicant that he being innocent has been involved in this case falsely by the police. By contending so, he sought for pre-arrest bail for the applicant, as according to him he is apprehending unjustified arrest at the hands of police.

4.                Learned A.P.G for the State and learned counsel for the complainant have recoded no objection to grant of bail to the applicant by contending that the parties are going to have settlement outside of the Court. By stating so, they caused furnishing of affidavit of the complainant.

5.                I have considered the above arguments and perused the record.

6.                The parties are related inter-se. The offence is appearing to be result of domestic dispute. The complainant has recorded no objection for grant of bail to the applicant by filing her affidavit. In that situation, it is rightly being contended by learned counsel for the applicant that the applicant is entitled to grant of pre-arrest bail on point of malafide.

7.                In view of above, the applicant is admitted to bail subject to furnishing surety in the sum of Rs.50,000/- and P.R bond in the like amount to the satisfaction of learned trial Court.  

8.                The instant criminal bail application is disposed of accordingly.

 

 

 

                                                                                             JUDGE